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Who gets custody of the kids?

Orlando, FL |

Say I lived in the US on an e2 visa with my husband and kids and got a divorce, would I have to return to my country with the kids or could I get custody and remain in the US?

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Attorney answers 5


See a family law attorney in your state. Not an immigration question.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


I presume you are in dependent status of your husband's? I think you would lose your status upon your divorce.


If you divorce, you will no longer be allowed to stay in the US on an E-2 (dependent) visa

Only a family law judge can decide custody.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


A judge will determine what is "in the best interest of the children" as far as custody is concerned. A family law judge has no authority to grant immigration benefits or determine whether you can remain in the U.S. That would be govern by your immigration status.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


You should speak with a family or domestic relations attorney regarding custody. if you are the dependent onthe E-2 you will lose your status.


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